Delay termed a strike

James M. Odato Capitol bureau

Published 1:00 am, Monday, October 19, 2009

For the first time in three decades, the state is docking a correction officer for violating the Taylor Law — actually, make that 130 correction officers. As a result, a group of Fishkill Correctional Facility officers will be out tens of thousands of dollars for what the Governor's Office of Employee Relations has concluded was an illegal multi-day strike. The docking of their pay will take effect at month's end unless each guard can prove he wasn't striking.

Officials with the New York State Correctional Officers Police Benevolent Association say the Department of Correctional Services is taking a hardball approach to what was not meant to be a job action. The incident was merely intended to send a message, said Dale Larsen, a shop steward and sergeant at Fishkill. Government veterans say such actions have been handled internally before with disciplinary moves.

It all started after an inmate threw liquids at three prison officers, Larsen said. (A DOCS incident report from April backs up his story.) The lieutenant in charge didn't let the officers change their clothes after concluding the substance was water. "That agitated the officers — that's abnormal," Larsen said. "We expected the superintendent to reprimand the lieutenant."

When that didn't happen, the correction officers began their shifts from then on by first going to the equipment depository to get nightsticks, known as batons. By "drawing batons" before reporting to duty, they delayed the departure of the preceding shift, incurring some overtime for those officers. That displeased Commissioner Brian Fischer, a seasoned prison administrator known as a tough leader. He turned the matter over to GOER, which ruled that the Taylor Law — prohibiting union workers from striking against public employers — had been violated. Alleged violators were sent letters Oct. 7; the officers have 20 days to make their cases, a GOER spokeswoman said.

Erik Kriss, a spokesman for DOCS, said the "work slowdown" disrupted Fishkill. "It costs overtime, it costs taxpayers money," he said. He said the officers were warned to report for lineup first. "If they have complaints, proper practice is to file an improper work practice (form) or a grievance."

Larsen said some officers will be docked up to 12 days' pay for drawing batons for six days, because the Taylor Law penalizes two days pay for every day of a strike.

The incident at the Dutchess County prison comes at a tense time at DOCS statewide, which is dealing with cutbacks, a declining prison population and prison consolidations. Officers concerned by short-staffing are, for instance, upset at Mount McGregor in Saratoga County after injuries among their ranks resulted when responding to inmate fights.

Paterson calling

Before announcing his deficit reduction plan, Gov. David Paterson called together some of his political advisers early last week.

"He's been making calls, talking to individuals and groups," said Assemblyman Darryl Towns, D-Brooklyn. "He said he's moving forward with the campaign."

Furloughs ahead?

Union officials are wondering: Will Paterson call for unpaid furloughs to save money? The governor says "everything's on the table" but refuses to answer directly.

James Odato can be reached at 454-5083 or by e-mail at jodato@timesunion.com.